News & Analysis as of

Estoppel Hatch-Waxman

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2021 PTAB Year in Review: Analysis & Trends

[co-author: Jamie Dohopolski] Love it or hate it, ignore the USPTO Patent Trial and Appeal Board (PTAB) at your peril. The introduction of the PTAB as part of the America Invents Act over ten years ago has forever changed...more

McDermott Will & Emery

The Skinny Label That Wasn’t—Federal Circuit Reinstates Induced Infringement Verdict

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit vacated the district court’s grant of judgment as a matter of law (JMOL) of non-infringement where substantial evidence supported the jury’s verdict of induced infringement by...more

Cozen O'Connor

Breathing New Life Into The “Tangential” Exception to Prosecution History Estoppel

Cozen O'Connor on

On August 9, 2019, the Federal Circuit issued an opinion in Eli Lilly and Co. v. Hospira, Inc. that addresses the “tangential” exception to prosecution history estoppel. The Federal Circuit affirmed the district court’s...more

Foley & Lardner LLP

New Estoppel Concern For Petitioners Raised In BTG v. Amneal

Foley & Lardner LLP on

The Court of Appeals for the Federal Circuit is poised to decide a case which may create new estoppel concerns for AIA petitioners under 35 USC § 315(e)(2). The appeal resulted from a Hatch-Waxman litigation in BTG v. Amneal,...more

Morrison & Foerster LLP

What Are the Top Hatch-Waxman and BPCIA Developments for November 2018?

Morrison & Foerster LLP on

This month we highlight two reversals by the Federal Circuit and a summary judgment of indefiniteness from New Jersey. CASES - Federal Circuit - Grant of Preliminary Injunction Reversed - Indivior Inc. v. Dr....more

WilmerHale

Federal Circuit Patent Updates - May 2017

WilmerHale on

Chen, J. The estoppel provision of pre-AIA section 317(b) did not serve as a bar to maintain an inter partes reexamination where district court invalidity claims had been dismissed without prejudice. On the merits, affirming...more

WilmerHale

Federal Circuit Patent Updates - March 2016

WilmerHale on

Clare v. Chrysler Group LLC (No. 2015-1999, 3/31/16) (Prost, Moore, Wallach) - Moore, J. Affirming summary judgment of non-infringement of patents related to storage compartment for pickup trucks. The Court rejected...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide